Terms and Conditions
Please read these terms and conditions carefully before using this site. Your use of this site acknowledges that you unconditionally accept the following terms and conditions. If you do not accept these terms and conditions, do not use the site.
1. You agree to these terms. These terms and conditions (” terms “) represent a legally binding contractual agreement between you (” you “) and Joybirdsupplies (” we “) regarding your use of any website operated by or on behalf of Joybirdsupplies. This site or its separate parts and functions may be operated by one or more service providers under an agreement with Joybirdsupplies.
By using the Site, you are: (I) indicating that you have reached the legal age of majority in the jurisdiction in which you reside; (ii) indicate that you accept and agree to be legally bound by all the terms and conditions of these terms as they govern your access to and use of the Site and any services, products, materials or information available on or through the Site; (iii) Agree to comply with all applicable laws and regulations as they may change from time to time. We can only accept purchases from within the United States of America. If you do not accept and agree to be bound by and abide by all the terms and conditions of this Agreement, you may not access or otherwise use the Site. We recommend that you print a copy of these terms for your records.
2. Products, content and specifications. All features, content, specifications, products and prices of the products and services described or depicted on www.joybirdsupplies.com are subject to change without notice. Some weights, measurements and similar descriptions are approximate and are provided for convenience only. Joybirdsupplies operates this website and makes all reasonable efforts to accurately display the properties of our products, including applicable colours; However, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will display these colors accurately. The inclusion of any products or services on this Site at a particular time does not mean or guarantee that such products or services will be available at any time. You are responsible for determining and complying with all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any items purchased from the Site. By placing an order, you declare that the product you ordered will be used only in a legal manner.
3. Payment, shipping and order restrictions. Once an order is placed, it will be shipped to the address specified by the purchaser as long as the shipping address complies with the shipping restrictions contained on this site. All purchases from this site are made in accordance with the delivery contract. Therefore, the risk of loss and ownership of items purchased from this Site passes to you upon delivery of the items to Carrier. You are responsible for making any claim against the carrier for damage and/or loss of goods.
According to our payment policy, you will be charged for your order when placing it.
Although it is our practice to confirm orders by email, receipt of an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell products or services. We reserve the right to limit the quantity of any product or service ordered and/or refuse to provide service to any customer without prior notice. We may also require verification of information before accepting and/or shipping any order.
Without limiting the generality of any other part of these terms Joybirdsupplies reserves the right to restrict or reject any orders you place with us. In addition, if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of these terms, we reserve the right to validate all orders and/or cancel any orders. We may limit or cancel the purchase quantity per person, per household or per order at our sole discretion, with or without notice. These restrictions may include orders placed by or on the same account, with the same credit card and/or using the same billing and/or shipping address. We also reserve the right, in our sole discretion, not to ship items ordered or purchased through the Site to certain addresses. If we are unable or choose not to ship the item, you will be notified and the amount charged for the item associated with your order will be reduced accordingly. Joybirdsupplies also reserves the right to prohibit sales to distributors or resellers at its sole discretion.
4. We may verify the order.
All orders are subject to verification by Joybirdsupplies at any time for any reason. We reserve the right to request proof of identity (in the form acceptable to Joybirdsupplies) at our sole discretion: (I) to verify the legitimacy of any order and/or other information; (ii) Verify that you are allowed to place orders under these terms (e.g., verify your anger); And/or (iii) for any other reason we deem necessary, we determine in our sole discretion the purpose of performing the Order in accordance with our interpretation of the terms and conditions of these Terms.
To help protect you and Joybirdsupplies from fraudulent transactions, we may provide your transaction related information to third party organizations for anti-fraud verification.
5. Accuracy of information. We attempt to ensure that the information on this site is complete, accurate and up to date. Despite our efforts, the information on this site may at times be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or timeliness of any information on this site. For example, products included on this site may not be available, may have different attributes than the products listed, or the actual price may be different from the price specified on this site. In addition, we may change information about pricing and availability without notice.
6. Use this site. The design of the Site and all text, graphics, information, content and other materials displayed on the Site or available for download from the Site are protected by copyright, trademark and other laws, without the use of conditions or prior written permission of the owners of such materials, except as permitted by these terms. Software and other technical components are the property of their owners.
You may not in any way modify the information or materials displayed on or available for download from the Site, or reproduce or publicly display, execute or distribute or otherwise use any such information or materials for any public or commercial purpose. Unauthorized use of any such information or materials may violate copyright laws, trademark laws, privacy and publicity laws, and other laws and regulations.
7. The trademark. Certain trademarks, trade names, service marks and logos used or displayed on this site are registered and unregistered trademarks, trade names and service marks of Joybirdsupplies. Other trademarks, trade names and service marks used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing on this site grants or should be interpreted as implying, estoppel or otherwise granting any license or right to use any trademark, trade name, service mark or logo displayed on this site without the written permission of Joybirdsupplies – Toys.
8. Link to this website. The creation or maintenance of any link from another site to any page on this site is prohibited without our prior written permission. Frame or similar operation or display of this Site or any information or material displayed on this Site is prohibited on other sites without our prior written permission. Any permitted links to this site must comply with all applicable laws, rules and regulations.
9. Third-party links. From time to time, this site may contain links to sites not owned, operated or controlled by Joybirdsupplies. All such links are provided for your convenience only. If you use these links, you will leave the site. We are also not responsible for any content, material or other information located on or accessible from any other site. Neither we nor any of our affiliates are responsible for any content, material or other information found or accessible from any other web site, or your use of any other web site. If you decide to access any other sites linked to or from this Site, you do so at your own risk.
10. Inappropriate material. You may not post or disseminate any illegal, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that may constitute or encourage conduct deemed to be a criminal offence or give rise to civil liability or otherwise violate any law. In addition to any remedies we may have at law or in equity, if we determine in our sole discretion that you have violated or may violate the above prohibition, we may take any action we deem necessary to correct or prevent the violation, including, but not limited to, the immediate removal of the material from this Site. We will fully cooperate with any law enforcement agency or court order or subpoena requiring or directing us to disclose the identity of anyone who publishes such material.
11. User information and code of conduct. Any materials, ratings, comments, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communications that you transmit or post to the Site in any manner (” User communications “) are and will be deemed to be non-confidential and non-proprietary, except for personal information that is subject to the Privacy Policy of the Site.
You hereby agree that you may not use the Site to upload, post, communicate or otherwise communicate through or to any user of the Site:
11.1 Joybirdsupplies may, in their sole discretion, belittle, degrade, tarnish or degrade the public image or standing of Joybirdsupplies and/or the Joybirdsupplies community, It is understood that this should not be construed to prohibit you from expressing your true and honest experience of Joybirdsupplies or its products in a manner prohibited by applicable law;
11.2 Joybirdsupplies may in their sole discretion be deemed to contain, describe, contain, discuss or involve without limitation any of the following: nudity; Alcohol/drug use or smoking; Explicit or explicit sexual activity, or sexual innuendo; Vulgar, vulgar or offensive language and/or symbols; Derogatory term applied to any national, racial, sexual, religious or other group; Support, condone and/or discuss any illegal, inappropriate or dangerous conduct or the content of such conduct; Personal information without their consent, including but not limited to name, telephone number and address (physical or electronic); Joybirdsupplies Commercial information, comparison or solicitation of products or services other than products; Any identifiable third party products, trademarks, brands and/or logos, other than those sold by Joybirdsupplies; Acts or other activities in violation of these provisions; And/or any other content deemed or likely to be deemed inappropriate, inappropriate or offensive at Joybirdsupplies’ sole discretion;
11.3 Contains any reference to or similarity to any identifiable third party, unless the consent of each such individual and his/her parents/legal guardian has been obtained, provided that he/she is below the age of majority in the jurisdiction in which he/she resides (note: If you cannot obtain the consent of the individual who appears in your user communications, his/her face must be obscured and the voice must be changed to unrecognizable, if applicable;
11.4 Infringe or may infringe intellectual property rights, privacy rights, publicity rights or other proprietary rights of others or give rise to any claims;
11.5 Contains any virus, Trojan horse, time bomb or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11.6 Include (in any format or medium) any music, logo, trademark or other copyrighted material (such as photographs, images, text, lyrics, etc.) unless you obtain prior consent from the owner of such material.
If the user newsletter you submit consists of or includes a review of Joybirdsupplies or one of the products on our website, you agree that such user newsletter represents your true and honest experience of us and such products. In addition, if you receive any rewards in connection with your review, for example, if you receive free products, coupons, entries, or some other benefit, you must disclose this clearly and conspicuously in the review.
You hereby agree that you may not use this site: –
Damage, impose an unreasonable burden or excessive load, interfere with or attempt to gain unauthorized access to any part of the Site;
– Collect information about other people without their consent; And/or
– Upload, post, email, transmit or otherwise make available any content that you are not authorized to disclose or make available.
You agree that you shall not participate in the prohibition or unauthorized use of the Site or the Joybirdsupplies system, including but not limited to unauthorized access to the system, misuse of passwords or misuse of any information on the Site.
12. Account name and password. For some activities on the site, you will need to have an account name and password. We may cancel or suspend your account name and password at any time, in our sole discretion, without notice or liability to you or any other person. We do not have any obligation to verify the actual identity or permissions of any person who uses an account name and password to access and use the Site. We may at any time request proof of identity of any person attempting to access and use the Site, and if we are not satisfied with such proof, we may refuse access. You are fully responsible for the security and any/all use and misuse of your account name and password. You agree to notify us immediately of any unauthorized use of your account.
13. Favorites list. By creating a favorites List, you confirm that you have reached the age of majority in the province/territory where you live and that you consent to Joybirdsupplies collecting, using and disclosing personal information relating to my Joybirdsupplies Favorites List (” Favorites “) for the purposes of my Favorites. Joybirdsupplies occasionally uses its favorites list to send them newsletters or special offers that Joybirdsupplies thinks may be of interest. By creating favorites, you agree to receive such newsletters and offers from Joybirdsupplies, by mail or otherwise. You may later withdraw your consent to such communications.
14. Electronic communications. When you visit this site or send us an E-mail, you are communicating electronically with us. You agree to receive our electronic communications. If you have agreed to receive commercial electronic messages from us, you may revoke this consent by using the “Unsubscribe” link in our commercial messages. We may contact you by email or by Posting a notice on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirements for such communications to be in writing.
15. The game. All competitions shall be governed by these terms, the applicable competition rules and the applicable laws. By entering the Contest through this site, you agree to and accept these terms, the applicable contest rules and the applicable laws.
16. Disclaimer. Your use of the Site is at your own risk. The information, materials and services provided on or through the Site are provided “as is” and “as available” without warranty of any kind, including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property rights. JOYBIRDSUPPLIES does not provide, our service providers or their respective affiliates guarantee the accuracy or completeness of the information, materials or services provided on or through the Site. Information, materials and services provided on or through this Site may not be dated and JOYBIRDSUPPLIES, our service providers or any of their affiliates do not make any commitment or assume any responsibility to update such information, materials or services. To the extent prohibited by law, the above exclusion of implied warranties shall not apply. Please refer to your local law for any such prohibition.
Comments or opinions expressed on the sites are solely those of the users of their respective sites. The views expressed on the site and in user communications do not necessarily represent or reflect the views of JOYBIRDSUPPLIES. JOYBIRDSUPPLIES does not assume any responsibility or liability for user communications posted, uploaded or otherwise submitted on or through the Site.
Any products and/or services described on the site are offered in jurisdictions where they may be lawfully sold. The information on the Site is not an offer or solicitation by any person in any jurisdiction in which an offer or solicitation may not be lawfully made by any person or to which it would be unlawful to make a solicitation.
All products and services purchased on or through the Site are only subject to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permitted by applicable law, we hereby disclaim all warranties, express or implied, of any kind, including any implied warranties relating to products and services listed or purchased on or through the Site. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for defects or malfunctions resulting from normal wear and tear, product misuse, abuse, product modification, improper product selection, non-compliance with any specifications or misappropriation. To the extent prohibited by law, the above exclusion of implied warranties shall not apply.
17. Limitation of liability. Joybirdsupplies or our service providers are responsible for any information or materials you visit, use, or browse the site, or download from the site.
18. Amendments to these terms and conditions. These terms and conditions may be amended from time to time by updating this release. You should visit this page from time to time to review the current terms and conditions as they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on specific pages on this Site. Your continued use of the Site after receipt of any form of notice will constitute your acceptance of the revised terms of this Agreement.
19. The end. You or we may suspend or terminate your account or your use of the Site at any time for any reason or without reason. You are personally responsible for any orders placed through your account or fees incurred prior to termination. We reserve the right to change, suspend or terminate all or any aspect of the Website at any time without notice.
20. Additional assistance. If you do not understand any of the above terms and conditions, or if you have any questions or comments, we invite you to contact us by sending your questions or comments to Joybirdsupplies.
21. Notice of infringing content. While we have no legal obligation to proactively screen or edit user communications, we reserve the right to modify, edit or delete any User communications or to require users to modify or edit their users’ communications at our sole discretion if we receive notice of complaints or allegedly infringing material about user communications, or for any other reason.
22. Severability. If any provision of these Provisions is found to be illegal, invalid or unenforceable for any reason, that provision shall be deemed to be separable from those provisions and shall not affect the validity and enforceability of any remaining provisions.
23. No abstention. Joybirdsupplies’ failure to enforce any part of these terms does not constitute a waiver of any of our rights under these terms, whether for past or future conduct by any person. Joybirdsupplies receipt of any funds or reliance on our actions by any person shall not be deemed to constitute a waiver of any part of these terms. Only a specific written waiver signed by an authorised representative of Joybirdsupplies will have any legal effect.
